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Claim for tax deductions for pensioners living abroad

The service allows to submit a claim for the application of tax deductions for pensioners living abroad with dependent family members who meet the require-ments provided for by current tax legislation.
Addressed to:
Categories
Pensioners living abroad
Fund of membership
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Age
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Publication: 3 April 2017 Latest update: 25 November 2021

What is it?

Pensioners living abroad in countries that ensure an adequate exchange of information can claim deductions for dependent family members.

Who is it aimed at?

This service is aimed at pensioners who live abroad in countries that ensure an adequate exchange of information, who meet the requirements prescribed by current tax legislation.

Claim

In order to claim deductions for dependent family members as per Article 12 of the Consolidated Act on Income Tax (decree of the President of the Republic n. 917 of 22th December 1986) pen-sioners who live abroad in countries that ensure an adequate exchange of information must confirm the following, by means of a substitute declaration of sworn affidavit that is issued pursuant to Article 47 of the decree of the President of the Republic n. 445 of 28th December 2000:

  • Their country of tax residence;
  • That they have generated at least 75% of their total income for the tax period in Italy, gross of deductible expenses and including income produced outside of their country of resi-dence;
  • That they are not profiting from similar tax benefits to those claimed from Italy in their country of residence or in any other country;
  • Their relationship to and the personal data of the family member for whom the deduction is intended to be used, as provided for in Article 12 of the TUIR, indicating the months in which the required conditions start and end;
  • That the family member for whom the deduction is claimed has a total income, for the entire tax period, that does not exceed €2,840.51, gross of deductible expenses and including in-come generated outside their country of residence. The 2018 Budget Law established that, starting from 1st January 2019, the total income limit for children aged 24 and under is raised to €4,000 (article 1, paragraph 252, law 205/2017). 1973, n. 600).

The confirmation of the conditions is an integral part of the declaration of entitlement (Article 23, paragraph 2, letter a, decree of the President of the Republic No. 600 of 29th September 1973).

The claim for the application of deductions for dependent family members by pensioners residing abroad, who meet the requirements prescribed by current legislation, must be submitted annually to the INPS using the dedicated on-line service. Message n. 4161 of 9th November 2018 provides fur-ther operational guidance on this subject.

Processing Time for the Measure

The ordinary time limit for issuing measures is set by Law No. 241/1990 at 30 days. In some cases the law may set different deadlines.

The table shows the deadlines exceeding 30 days, established by the Institute by means of Regula-tions.

In addition to the deadlines for issuing the measure, the table also indicates the person responsible for it.